, 1887-07-21
DRAWING TIGHT LINES.
Commissioner Sparks Considers
Desert Entries and Proofs.
Officials Before Whom Final
Afidavits Can Be Made.
Publication Necessary as in
Cases of Homestead Entry.

reference was made In these columns
over two weeks ago to some important
changes that had been made by Land
Commissioner Sparks in the matter of
desert entries and proofs. The official
circular was received by the register and
receiver from Washington yesterday. AS
the changes which are made by it are in
many respects radical, we give space to
extended extracts from it. What is con-
sidered desert land by the land office
authorities is explained in the four follow
ing paragraphs:
LIST. Lands bordering upon streams,
lakes or other natural bodies of water, or
through or upon which there is any river,
stream, arroyo, lake, pond, body of water,
or living spring, are not subject to entry
under the desert land law until the clear
est proof of their desert character is fur
nished.
I'd. Lands which produce native grasses
sufficient in quantity, if unfed by grazing
animals, to make an ordinary crop of hay
In usual seasons are not desert lands.
Sd. Lands which will produce an agri-
cultural crop of any kind, in amount to
make the cultivation reasonably remuner-
alive, are not desert.
4th. Lands containing sufficient moist
ure to produce a natural growth of trees,
are not to be classed as desert lands.
The required affidavit cannot be made
by an agent nor upon information and
belief, continues the commissioner, and
you will hereafter reject all applications
In which 1t does not appear that the en-
tryman made the averments contained in
the sworn declaration upon his W
knowledge derived from a personal exam
ination of the lands. The blank in the
declaration, to-wit: that | became &C.
qualnted with said land by -" must
be filled in with a full statement of the
facts OF his acquaintance with the land
and how he knows its character as alleged.
SAID declaration nus be corroborated by
the athdavlts of two reputable witnesses
who are acquainted with the land and
with the applicant, and who must clearly
state their acquaintance with the prem
ises, and the facts as to the condition and
situation of the land upon which They
base their judgment.
Applicants and witnesses must in all
cases state their places ofactual residence,
their business or occupations, and their
postofice addresses. 1t is not sufficient
to name the county and state or territory
where a parry lives, but the town and
city be named, and if a residence is
in a city the street and number must be
given.
Following is one of the most radical
changes
The declaration and corroborating aft
davlts may be made before either the reg
lister or receiver of the land district in
which the lands are situated, or before
the judge or clerk of 4 court of record of
the county in which the lands are situat-
ed, and if the lands are in an u~norganized
county, then the affidavit may be made in
an adjoining county. The dispositions of
applicant and witnesses in making final
proof must be taken in the same manner;
and the authority OF any practice or regu-
latlon permitting original or final desert
land athdavlts to be executed before any
other officers than those named above, is
hereby revoked. The afidavits of appli.
cant and witnesses must in every instance,
either of original application or final proof,
be made at the same time and place and
before the same officer.
Persons making desert land entries must
acquire a clear right to the use of sufi-
Gent water for the purpose of irrigating
the whole of the land, and of keeping it
permanently irrigated.
The whole tract and each legal subdi-
vision for which proof Is offered must be
actually irrigated. If there are some high
points or uneven surfaces which are prac-
tically not susceptible of irrigation, the
nature, extent and area of such spots
must be fully stated. In this connection,
the right of the water used, the quantity
of 1t, the manner of its distribution, and
the permanence of the supply are all to be
taken into consideration.
Another very important provision is
the following:
Before final proof shall hereafter be
submitted by any person claiming to enter
lands under the desert land act, such per-
son will be required to file a notice of in
tention to make such proof which shall
be published in the same manner as re-
quired in homestead and pre-. emption
cases.
Contests may be instituted against
desert land entries for illegality or fraud
In the inception of the entry, or for fail
ure to comply with the law after entry, or
for any sufficient cause affecting the legal
ity or validity of the claim. Contestants
will be allowed a preference right of entry
for thirty days after notice of the c~ancella
ton of the contested entry, in the same
manner as in homestead and presumption
cases., and the register will give the same
notice and be entitled to the same fee for
notice as in other cases,
Twelve Years at HARD Labor